British judge sentences two men to six lashes each in Tongan Supreme Court

The sentence imposed by a British judge working for the Tongan Supreme Court
has been described as "inhumane" after two criminals were told
they were to face to six lashes of the whip.

By Laura Roberts

5:06PM GMT 17 Feb 2010

Justice Robert Shuster has split debate and caused protest on the isle of Tonga.

He sentenced the two men to 13 years jail and half a dozen lashes of the cat o' nine tails for escaping from prison and stealing while on the run.

Mark Ellis, the executive director of the International Bar Association, said: "There's just no question that if you look at this under the Convention Against Torture that this type of corporal punishment would constitute cruel or inhumane punishment. Even though Tonga is not signed up to that convention there should be a universal understanding of international law that this is the case."

Flogging was introduced in Tonga by the British and is still legal on the islands, though it has not been used as a punishment since the 1980s.

According to the law the cabinet has to approve the sentence, which the men are appealing against.

Chris Kelley, the Tongan Police Commissioner, said the decision would present an enormous challenge for his department who would be obliged to carry out the punishment if it was upheld on appeal.

The police headquarters in the island's capital Nukualofa has a whip, which would be used against prisoners. Before being used it is soaked in water overnight.

Kei Longi, a former police officer who whipped two men decades ago and admits they suffered greatly said he believes it is a valid punishment.

"I think it's good for the punishment for the Tongan men," he said.

However, the president of the Tonga Law Society, Laki Niu has called for whipping and the death penalty to be outlawed.

Judge Shuster was sworn in May 2008. He specializes in Criminal Law was appointed by the government of Tonga with support from the Commonwealth Secretariat.

He has previously served in Sierra Leone and Fiji where he played a key role in the prosecution George Speight who helped lead a coup in 2000.

"I prefer not to discuss that. I understand the matter is under appeal now and we should refrain from discussing such issues," Sevele said.

Asked about changing the laws of corporal and capital punishment he added: "We don't see any reason as yet to remove that. We are not the only ones in the world that has that and we do have our reasons."